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A federal judge ruled large parts of President Obama’s executive immigration order unconstitutional, in the first court opinion to tackle Obama’s controversial policy changes. Then, a federal judge in Texas put the brakes on the policy.
President Obama’s lawyer had a rough day last Friday before a three-judge panel of the 5th Circuit Court of Appeals attempting to fend off the immigration lawsuit filed by 26 states. According to the latest polls and oralarguments on President Obama’s executive amnesty, the policy is losing in the courts of public and legal opinion.
Let’s begin with the court of public opinion.
As PPD has previously examined, particularly in the case of immigration, the results get worse when the question is asked more plainly. We have examined and explained the data on this topic in great detail in the past, but most voters still oppose President Obama’s executive order to exempt millions of illegal immigrants from deportation. In fact, according to Rasmussen tracking, more than ever say he doesn’t have the legal authority to take such action, which is precisely the question presently making its way through federal courts.
But voters remain closely divided over whether their state should be part of the legal challenge now tying up Obama’s plan in court. While 59 percent say Obama does not have that legal power to issue the order, which is up from 52 percent in February and a new high to date, 43 percent of voters want their state to sue the administration. That’s still more than the 39 percent who say they are opposed, but a significant 18 percent remain undecided.
However, there is evidence to suggest the vast majority of undecideds will not be swayed to support the plan regardless of how the courts rule.
Overall, 56 percent of likely voters now oppose the president’s plan, up from 51 percent measured by Rasmussen in early February. Meanwhile, only 35 percent favor the plan, which is little changed from two months ago, and only 25 percent believe the president has the legal authority to grant executive amnesty without the approval of Congress. A nearly identical number of voters (26 percent) say Obama should take action if Congress doesn’t lay down in front of him.
Most voters continue to believe the federal government is encouraging illegal immigration and more voters than ever feel the United States is not aggressive enough in deporting those who are here illegally. Further, most also still say that securing the border is more important than legalizing illegal immigrant workers already here.
Sixty-one percent of voters favor the Madisonian Constitutional philosophy, thus they say the government should only do what the president and Congress agree on when it comes to immigration, which is up four points from early December. Though voters under 40 are disproportionately more likely than older voters to say the president has the legal authority, voters of all ages still agree the government should only do what Congress and the president decide together on immigration.
The national survey of 1,000 Likely Voters was conducted on April 19-20, 2015 by Rasmussen Reports. The margin of sampling error is +/- 3 percentage points with a 95% level of confidence.
Let’s move on to the court of legal opinion.
U.S. District Judge Andrew Hanen in February granted the preliminary injunction requested by the states andtemporarily blocked the president’s order.
“The genie would be impossible to put back into the bottle,” Judge Hanen wrote, flat-out stating that he agreed with the plaintiffs’ argument that the burden from legalizing millions of people is sufficient for standing, He said the order — if allowed to take effect — would be a “virtually irreversible” action.
The administration further dug their hole deeper when the judge caught them in a lie.
However, the substance of district court Judge Andrew Hanen’s Feb. 16 injunction order was not the question before the 5th Circuit, yet; only whether the government’s request for a stay (or lifting the injunction while the appeal is pending) would be granted.
Benjamin Mizer, the acting assistant attorney general of the Civil Division at the Justice Department, made a series of arguments that appeared not to sit well with the justices.
Mizer argued the government had “good reasons to grant” work permits because it would allow an otherwise illegal immigrant “to work on the books rather than off the books.” Because it is a “third-party crime” for an employer to hire an illegal, providing work permits “is actually reducing crime by reducing the third-party crime.”
“In other words, rather than enforcing federal immigration law that prohibits employers from employing any noncitizen who doesn’t have a work permit, it is better for the government (without authority) to issue work permits to illegal aliens so employers won’t break the law the administration doesn’t want to enforce,” notes Hans von Spakovsky, a senior legal fellow in The Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies who attended the hearing. “The government has to break the law so employers won’t have to.”
The justices were skeptical.
Judge Smith said that — on the issue of standing, which the government argued the states do not have — the case of Massachusetts v. EPA (2007) seems quite relevant. The U.S. Supreme Court ruled in that case that the states had standing on the issue of the EPA’s then-nonregulation of so-called greenhouse gases. Judge Smith appeared to believe the case ironically gave plenty of precedent to grant the states standing.
Texas Solicitor General Scott Keller also pegged Mizer down by arguing that the injunction simply keeps the existing status quo on immigration law. Judge Jennifer Elrod quickly noted that the court was “big about [preserving] the status quo,” particularly regarding the Supreme Court “in the middle of cases.” When she asked Mizer to answer why it could not be considered a “logistical mess” for the 5th Circuit to lift the stay, considering the government would move to issue work permits and grant tax benefits even though the states could win the lawsuit, he was stumped.
Judge Elrod said illegals who are legalized by the executive amnesty “could end up with a big check and you’d need to knock on their door and ask for it back.”
It struck at the heart of Judge Hanen’s ruling, which stated the “genie would be impossible to put back into the bottle,” and Mizer only answered by stating they had “additional logistical steps” to take, and that illegal immigrants “probably” would not be able to collect tax credits before the case was decided because there are “a lot of hoops that an individual had to jump through.”
I read polls better than judges, but it would be a safe bet to assume that the 5th Circuit was just as convinced as the American people.
Think about what you’re saying, Krapachakra. Deport the Devil? If Obama were, in fact the Devil, deportation would do very little. You know, considering the Devil is ethereal, and all.
Idiot…
You use insulting words towards me which is a show of what a piece of garbage and ugly imbecile you are.
Nobody says Obama’s not the Devil.
Hope this helps.
“You use insulting words towards me which is a show of what a piece of garbage and ugly imbecile you are.”
Sometimes I have to check that BIN isn’t allowing same-name parody accounts again.
Maybe we should send some Texan cops to arrest and deport God as well, since you hate Him so much?
The only person you’ve ever helped, Krapachakra, is the owner of this site.
To hate God or not is not the issue.
I’m a Buddhist and we say God does not exist.
His odious and hideous aspect is when he gets people killed in his name like in the Crusades or the Muslim murdering which are the worst thing eixsitng inthe world because Islam is the worst thing existing in the world..
“God does not exist.”
If you do not believe god exists, how do you believe that there is a christian antichrist?
“God does not exist.”
I guess this means you can’t be the Messiah. Thank The Lord!
This means KOS has only been a pigment of my imaginaryation.
Bil, you’re defending Obama.
Why are you doing that?
What is wrong with you?
Who’s defending Obama? You made a ridiculous assertion that you can deport an ethereal character. I corrected you. How that equates to defending anyone? I guess you’ll enlighten me. As it sits, your assertion is as ridiculous as anything else you’ve spouted.
The Obama paid shills are in panic-mode.
This article speaks about Obama losing the public opinion and the legal opinion.
Do they talk about that (other than complain that I rightly call Obama by his real name of th Devil)?
No.
When you lose it everything comes tumbling down and Obama’s got zero support anywhere now…. except the support in the mad minds of the few left-over, isolated Leftist freaks, like the paid Obama shills commenting here to this article.
The mentally deranged outcastes who still defend the Antichrist Obama.
If people only comment on the throwaway “uh oh Obama antichrist devil gay apocalypse boom, I’m Jesus!” aspects that you bolt onto your copypasted articles, try leaving those parts out and see what happens.
(Or have you tried this before, gotten zero comments, and decided that people laughing at you is better than silence?)
Whatever Geeper.
Are you defending Obama?
Why do you do that?
You believe in God?
You can believe in God and not heckle me for years on Internet.
The paid Obama operatives are easy to recognize.
First, they only make personal attacks and avoid making comments on the topic as if they feared that like death itself.
Secondly, it’s always pro-Obama, their pay-master who gives them money.
I wrote this in the comments above.
The Obama paid shills don’t address this.
This article says that Obama’s lost the public opinion and the legal opinion, both of them.
That’s hair-raising.
Isn’t the antichrist supposed to be unanimously popular?
Those numbers aren’t really showing that.
Of course Obama is losing public opinion – his anti-American policies do increasing damage over time, and more and more people start to realize he is not making the decisions they would.
Spend extra trillions to purposefully bankrupt the nation – check.
Pay to bring in extra millions of illegal aliens – check.
Support radical Islam – check.
Help Iran dominate the Middle East – check.
Promote racial divisions and tensions – check.
Weaken the military – check.
Aggravate potential enemies like Russia – check.
Alienate allies like Britain, Germany, Israel… check.
Mock and erode remaining Christian values – check.
Why does he do all these things? No one who actually likes America would.
Read – Antichrist 2016-2019: Mystery Babylon, Barack Obama & the Islamic Caliphate
http://www.amazon.com/Antichrist-2016-2019-Mystery-Babylon-Caliphate/dp/1501025392
AT LEAST THIS ONE DIDN’T INVOLVE YOU INTO ANOTHER WORLD WAR. BUT I FORGET YOU DUMB AMERICANS AREN’T HAPPY IF YOU’RE NOT INVOLVED IN MEDDLING IN OTHERS COUNTRIES’ AFFAIRS!!
Walk into the largest debt in history, and have to spend his way out of someone else’s screw ups? – Check.
Try to find a way to fix an already massive illegal immigration problem, popular or not? – Check.
Help Iran dominate the Middle East? – If creating Naval blockades to stop Iranian weapons shipments to Yemen counts, then – Check
Promote racial divisions and tensions? – No worse than any other President. (2000 election comes to mind)
Weaken the military? Odd, the funding to the military hasn’t really changed all that much, since he took office.
Alienate allies? If by forcing Israel to fend for themselves, when they shoot their mouth off, is alienating them, then alienate away!
Mock and erode remaining Christian values? Sure, but what can you expect from a black guy, who was raised in a Muslim home? You really think it matters to him, what the Religious right thinks? The Religious Right did not vote for him.
ENOUGH WITH THE BOOK SPAM. HAS IT EVER WORKED?
@Billy
You mean the sale of his book?? I don’t think writers (what a dubious title applying to posters on this site) should push their books here.
http://www.latinpost.com/articles/49074/20150421/immigration-news-today-executive-action-lawsuit-decision-date-unknown-fate.htm
Me thinks there are ghost-readers on this site and it’s getting worse. It’s sooo slow to write a comment… Smitthy-boy is that your doing?? Getting BIN authorities to pinpoint our IP addresses?? It’s AGAINST THE LAW A$$HOLE!!
haha ha!
those approval ratings come from his own cabinet! ……. and half of them don’t like what he’s down to!